SOS meets with Corps' official

Published 8:00 pm, Monday, September 30, 2002

The purpose of the meeting was for the board members to present SOS views on issues regarding beachfront ownership and beachfront grooming and to discuss those views with Magness and his staff.

"(Magness) was very cordial and attentive to the SOS presentation," an SOS press release stated. "Unfortunately, some of his staff seemed hostile to the SOS delegation."

The release noted that at one point, Chief Enforcement Officer Don Reinke "stormed out" of the meeting after only six minutes.

After the presentation, Magness asked what SOS would like, according to McBride.

"We told him we're seeking the Corps' dismissal of the case against Caseville retirees Herb and Marion Kincaid," he said. "We also want the Corps to take appropriate action to allow beach grooming up to 4 inches into the beach sand. We want beachfront property owners to be able to do normal beach grooming activities (without a permit)."

He said Magness then started discussing water pollution and how to keep the water clean.

"I asked if he wanted to talk about beach grooming, and he said 'no'," McBride said. "He wanted to hear our views but didn't want to discuss the issues."

McBride said the board made numerous attempts to discuss beachfront maintenance, but to no avail.

"Some attorneys were present at the meeting, and I wanted to get into a discussion about the (federal) laws (that govern beachfront maintenance according to the Corps)," McBride, who also is an attorney, said of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. "They wouldn't touch it. They refused to discuss the laws."

McBride said at one point in the meeting, Magness said his district merely responds to orders.

"SOS is committed to identify and consult with his superiors in the Corps," he noted.

Magness, who has been the lieutenant colonel for two months at the Detroit office, characterized the meeting as a "listening session" rather than a discussion of the issues.

"(SOS has) many perspectives that I don't agree with," he said after the meeting. "But the intent of the meeting was for (my staff and I) to listen, not to engage in a point/counterpoint discussion … I initiated this meeting. I invited SOS to come."

He said he's met with individuals concerned about the beachfront maintenance issue.

"(This office) is working to have open, engaging conversations with concerned individuals as well as organizations," he said. "We're interested in finding a resolution and a balance … we have a long way to go - this is just the first step. But hopefully we have opened up some communication lines."

He said his preference is to find a resolution at the level of the Corps of Engineers, rather than SOS going to the U.S. Supreme Court and Congress.

"In the (U.S.) Army, we believe in coming up with resolutions at the lowest level possible, rather than going to the next level," he stated. "The Supreme Court and the Congress is not the level at which this issue should be dealt with."

As for why Reinke left the meeting, Magness said Reinke had told him before the meeting that he might leave.

"He felt there was a conflict of interest in his presence because he's personally handling some of these issues (SOS talked about)," Magness said. "That's why he left. I wouldn't say that he 'stormed' out."

He added that he didn't believe any of the staff members were hostile toward the SOS presentation.

Magness said while the SOS representatives did mention the Kincaid case, he said it's being handled by the Department of Justice and he wasn't able to comment on the case.